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(영문) 서울중앙지방법원 2016.09.23 2016노1453
국민체육진흥법위반(도박개장등)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Seized evidence 1 to 1.0

Reasons

1. The summary of the grounds for appeal (around July 20, 2016, by the second public trial on the date of the second public trial on July 20, 2016, the Defendant alleged that he/she was guilty of the facts as to aiding and abetting during the grounds for appeal, on the third public trial on August 12, 2016, and on the date of the third public trial on August 26, 2016, the Defendant withdrawn his/her assertion of mistake as to the amount of collection on the date of the public trial on August 26, 2016).

The first deliberation punishment (the imprisonment of 2 years and 6 months, confiscation, additional collection of 1,528,969,139) is too unreasonable.

2. The crime of this case on the basis of the promotion of an excessive spirit of gambling for the people is highly harmful to society as it undermines sound labor, and it is not eradicated despite continuous control, so it is necessary to severely punish the crime.

In addition, since the criminal defendant prepared an office in Thailand or in many domestic places along with other accomplices and organizedly shared the role, such as opening and operating an illegal Internet sports gambling site or the Internet casino site, and manufacturing and selling gambling site to those who want to operate it, the crime method is imminent and planned, and the total transaction amount at the above site also exceeds KRW 23 billion, it is significant that the total transaction amount at the above site exceeds KRW 23 billion.

However, the Defendant led to the instant crime, and the actual acquisition of the Defendant appears to be smaller than the amount initially calculated, and the time when the production and sale of the actual Internet sports gambling site and the Internet casino gambling site appears to be around October 2013 was made (the Defendant alleged that P and Q did not produce and sell the illegal Internet sports gambling site from June 2014 to March 2015, while the Defendant asserted that P and Q did not have any fact of producing and selling the illegal Internet sports gambling site, according to H’s scar conversation details, etc., during the said period, the employees of H produce the said site.

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